1. NO WARRANTIES. The “Customer” acknowledges that its representative has examined and tested the items of equipment and/or studio facilities listed here-in and that the same are in good working condition and accepts the same AS IS, and without any rental reductions or claims. CUSTOMER ACKNOWLEDGES THAT NO EXPRESS WARRANTIES ARE MADE CONCERNING THE LEASED EQUIPMENT BY PROPERTYFOR, LLC (HEREIN “COMPANY”), AND THAT IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTIC-ULAR PURPOSE, ARE EXPRESSLY EXCLUDED BY THIS CONTRACT. Customer shall return to Company, at Customer’s expense, for exchange for other equipment, any item of equipment listed herein which subsequent to delivery becomes inoperable. This provision shall not relieve Customer of responsibility in the event of damage, destruction or non-return.

2. TECHNICIAN/OPERATION. Customer shall only allow the Equipment to be used by qualified technicians and/or, if licensing is required by law for the use of any Equipment, duly licensed personnel, and only in strict accordance with the instructions of the Equipment manufacturer. Such qualified or licensed technicians and personnel should know all the proper protocols to safeguard the public, data and Equipment, and should be competent with regard to the normal operation of the Equipment. Customer shall keep the Equipment in their sole custody and shall not permit the Equipment to be used in violation of law. Customer shall process and or view their footage and back-up their content or data in a timely manner.

3. REMOVAL, CUSTODY, SUBLEASE. This equipment and/or studio facilities, or any part thereof, may not be removed from the country in which the rental office of Company is located without the prior written consent of the Company endorsed hereon. The equipment and/or studio facilities leased hereunder shall be used only by duly qualified employees and/or agents of Customer and in strict accordance with the laws of its location and with the use contemplated in this Contract. Customer shall keep the equipment and/or studio facilities leased hereby in Customer’s sole custody and shall not permit the leased equipment to be used in violation of any federal, state or municipal statutes, rules or regulations. The Equipment and/or studio facilities shall not be sublet or assigned without the prior written consent of the Company endorsed hereon.

4. RETURN, REPAIR, MAINTENANCE. If any items of equipment and/or studio facilities are returned in a damaged or destroyed condition or if any such item is not returned for any reason (including, but not limited to, destruction, confiscation, theft or act of God), Customer shall pay to Company the current replacement value of such item, without deduction for depreciation. If any item is returned in a repairable, damaged condition, Customer shall pay to Company the cost of repairs as determined by Company. In determining whether equipment shall be replaced or repaired, Company’s judgment shall be conclusive. Notwithstanding anything to the contrary in this Contract, and regardless of when the Customer pays Company the replacement value of the leased equipment or the cost of repairing the leased equipment, in the event of loss ordamage to the leasedequipment, Customer shall be liable to pay rental for such equipment at the rate provided in this Contract until the equipment has actually been repaired or replaced and returned to Company’s rental inventory, and the Customer acknowledges that there may be delays in repair or replacement attributable to causes beyond the Company’s control.

The acceptance of the return of the leased equipment and/or studio facilities is not a waiver by Company of any claims that it may have against Customer, nor a waiver of claims for latent or patent damage to the equipment. Equipment, vehicle(s) and/or studio facilities will not be deemed to have been returned until all of the following conditions have been met: (1) equipment has been delivered and accepted at the premises of the Company during normal business hours; (2) an inventory has been completed and a missing and damaged list has been compiled, if needed; (3) studio facilities have been completely checked for damage and clean-up is deemed acceptable; and (4) the term of this Contract has expired.

5. RATES AND INTEREST. The terms of payment are based upon credit information at the time of rental. Should there be any change in such information, Customer agrees that Company is privileged to revise the terms of payment without further notice. The first rental day shall be the day of delivery to the Customer; the last rental day shall be the day of return if return is after 10:00 a.m. When on a daily schedule, daily rate will be charged for Sundays and Holidays. Additional overtime charges will apply to any studio rental exceeding twelve consecutive hours and on holidays or weekends. Overtime rates are billed at an additional charge per hour. There is a 4-hour minimum facility charge for Saturday, Sunday or holiday sessions, plus applicable labor overtime. Rent is immediately due and payable on delivery of invoice by the Company to the Customer. At the option of the Company, it may charge all past due accounts interest at a rate not to exceed 1.5% per month (18% annually). If Company places the account in the hands of an attorney for collection; Customer shall pay reasonable attorney’s fees and court costs, which
may accrue.

6. TITLE AND OWNERSHIP. Customer specifically acknowledges Company’s superior title and ownership of the equipment and/or studio facilities and shall keep the equipment and/or studio facilities free of all liens, levies and encumbrances. Customer acknowledges that it shall be responsible for all taxes, insurance, transportation charges, duties, broker fees, bond, and all other costs imposed upon the leasing or use of said equipment. Customer agrees not to remove or cover the tag or nameplate on equipment showing ownership by Company.

7. RIGHT OF ENTRY. Upon termination of the lease period or upon the breach of any provision hereof, or in the event of a proceeding in bankruptcy with regard to Customer, or the levying of any legal process upon any item of equipment herein described, or upon any use of equipment in derogation or violation of Company’s superior title and ownership, Company and all its agents shall be at liberty at any time thereafter to remove all of said equipment without any liability for damage caused by any such entry for such purpose and without prejudice to Company’s right to receive all payments for rental accrued to and
including date of removal of said equipment.

8. INDEMNITY AND LIABILITY. Customer shall indemnify Company and hold Company harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, relative to the equipment and/or studio facilities or the personnel provided hereunder, including without limitation, the manufacture, selection, delivery, possession, use, operation, conduct, or return of said equipment and/or studio facilities, or from and against any and all fines, forfeitures, or penalties for the violation of any statute, law, ordinance, rule or regulation applicable to such equipment and/or studio facilities or this Contract.

9. INSURANCE CUSTOMER MUST INSURE ALL THE EQUIPMENT. COMPANY WILL NOT ACCEPT AN INSURANCE POLICY WITH AN EXCLUSION FOR UNATTENDED VEHICLES. The Customer shall at its own expense, during the entire period of this Contract, provide and maintain in full force and effect insurance covering rented, borrowed, or owned property consisting of but not limited to: studio facilities, camera(s), generator(s), crane(s), lighting and grip equipment and production vehicle(s) rented hereunder. All equipment coverage shall be insured worldwide and on a re-placement cost basis, without deduction for depreciation. All vehicle physical damage coverage shall be issued on a worldwide basis, if the vehicle(s) are to be used outside of the United States and Canada, the valuation will be actual cash value. The equipment coverage, the vehicle coverage, and the loss of use coverage are to cover the period of time from the date of this Contract until the date the equipment is actually repaired and/or returned and/or replaced and full payment for the loss, as outlined in this Contract has been received by the Company. Said equipment and vehicle insurance shall name the Company as loss payee, and the rights of the Company under such insurance shall not be affected by any act or neglect or breach of condition by the Customer. All insurance shall be written by an insurer with an AM Best rating of A or better. Said equipment insurance shall cover “All Risks” of physical loss or damage and vehicle physical damage coverage shall include the perils (“Comprehensive” and “Collision”). Customer shall also name the Company as an additional insured as regards liability insurance. In the event of a liability loss, property loss orloss of use claim during the term of this rental, the Customer’s liability, property and loss of use coverage shall be deemed to be the primary coverage on a noncontributory basis. The Customer shall, at the request of the Company, provide to Company a certificate of insurance in compliance with this paragraph prior to use of studio facilities and/or delivery of the equipment and/or vehicle(s). Notwithstanding this paragraph, the Customer shall remain primarily liable to the Company for full performance under this Contract. The Company may enforce its remedies directly against the Customer without resort to insurance.

The Customer assumes all risk of loss from the moment the studios are rented and/or equipment and/or vehicle(s) are set aside on the Company’s premises from the Company’s general inventory until the vehicle(s) and/or equipment have been returned to the rental facility or the termination date in this Contract; whichever is later and assume all risk of loss for property brought into the premises. The responsibility includes but is not limited to transit, location coverage, studio coverage (including but not limited to Company’s studio facilities), unnamed location coverage, coverage while on the Customer’s owned premises and use or storage on the Company’s premises. Equipment and vehicle(s) which have been rented to the Customer for a period of time but are stored or inspected and tested in the Company’s facility for the convenience of the Customer, shall be the responsibility of the Customer until the termination date in this Contract or the equipment and/or vehicle(s) have been returned to the Company’s general inventory.

For equipment (including but not limited to camera(s), props, sets and wardrobe) which are picked up or stored by the Company, or are leased or rented by the Company from another supplier, for ultimate use by the Customer, the Company shall be acting as sole agent for the Customer. All physical loss for property of others which is transported or stored by the Company shall remain with the Customer at all times and for all purposes, including, without limitation, equipment being delivered by another supplier to Company for use by the Customer, or equipment being returned by the Company to the supplier following use thereof by the Customer. If requested by the Company, the Customer shall name the supplier of any specific item of equipment obtained by sublease or other A certificate of insurance is required for studio rentals showing arrangement by the Company for use by the Customer as an additional loss payee on insurance coverage to be obtained by the Customer in accordance with this Contract.

Commercial General Liability Coverage with $1,000,000 per occurrence with the Company named as additional insured and Worker’s Compensation and Employers’ Liability Coverage with limits of $500,000- and Third-Party Property Damage in an amount not less than $500,000.

Generators, which have been mounted to vehicles, shall be considered personal property, separate and apart from the vehicle and insured for the full replacement value.

Should Customer fail to procure or pay the cost of maintaining in force the insurance specified above or to provide Company upon request with satisfactory evidence of the insurance, Company may, but shall not be obligated to, procure the insurance, and Customer shall reimburse the Company on demand for its cost. Suffering lapse or cancellation of the required insurance shall be an immediate and automatic default by Customer under this Contract.

10. FOREIGN USE. All leased equipment that is due to leave the United States must be registered with U.S. Customs prior to departure. Company will furnish Customer with a statement giving serial number, county of origin and value of equipment at Customer’s request. Adequate bonds and customs fees are to be provided by and paid by Customer. Any delay due to the Customer’s failure to register leased equipment shall be charged as a normal day until equipment is returned to Company.

11. SHIPPING COSTS. All air or surface shipments of leased equipment made on the behalf of Customer by Company will be shipped collect for freight charges and insurance. All leased equipment returned to Company by Customer must be shipped prepaid.

12. CANCELLATION OF EQUIPMENT AND/OR VEHICLE RENTAL. In the event of cancellation while on daily schedule, for any reason including weather, the following charges shall apply in consideration of Company’s preparing equipment and holding it available:
(a) Cancellation more than 18 hours before the time set for the lease to commence, 20% of the daily rental rate unless cancellation is due entirely to weather, in which case there shall be no charge.
(b) Cancellation from 18 hours to 2 hours before the time set for the lease to commence, 40% of the daily rental rate unless cancellation is due entirely to weather, in which event 20% of the daily rental rate will be charged.
(c) Cancellation from 2 hours before the time set for the lease to commence, 50% of the daily rental regardless of the reason for cancellation.
(d) Cancellation any time after the time set for the lease to commence, the full daily rental rate will be charged, regardless of the reason for cancellation. When on a weekly schedule rate, Customer guarantees rental for the minimum number of weeks specified on the face hereof. No reductions shall be made in the event of cancellation.

13. CANCELLATION OF STUDIO FACILITIES. In the event of cancellation while on daily schedule, for any reason, the following charges shall apply in consideration of Company’s preparing studio facilities and holding it available:
(a) Unless a slot is filled or otherwise negotiated, cancellations of studio facility reservations will incur a charge of 100% of the total rate for the period of time and facilities booked if the cancellation occurs less than 12 hours prior to the scheduled session (not including holidays or weekends).
(b) Customer will be charged a cancellation fee of 50% of the total rate for the period of time and facilities booked if the cancellation occurs between 24 and 12 hours prior to the scheduled session (not including holidays or weekends).
(c) Cancellation fees may be waived by the Company if the session is rescheduled within 5 working days. Notice of cancellation must be given during normal working hours.

14. CLEARING OF DATA. Customer is responsible for clearing any and all images (in any form) prior to the return of the Equipment to Rental Company, and Customer authorizes Rental Company to clear the Equipment of any and all images, content or data immediately upon return of the Equipment to Rental Company. It shall be the sole responsibility and obligation of Customer to arrange for the safeguarding and storage of Customer’s images, content or data prior to the return of the Equipment to Rental Company.

15. GOVERNING LAW, ATTORNEY’S FEES. This Contract shall be governed by the laws of the where the rental originates, and should any legal proceedings arise out of this Contract, the prevailing party, in addition to any other recovery, shall be entitled to recover all reasonable expenses including attorney’s fees.

16. ENTIRE AGREEMENT. This Contract, including all the terms and conditions and financial acknowledgment set forth in the current credit application, expresses the entire agreement between the parties and any change thereto must be in writing.